
Glass ' JF^-Q Z 
Book C> ^Us^ 



61sT Congress, ) SENATE. j Document 

1st Session. \ ) No. 126. 



THE INITIATIVE IN SWITZERLAND. 



Mr'. La Follette presented the following 

REPORT TO THE DEPARTMENT OF STATE BY THE AMERICAN 
VICE-CONSUL AT BERNE, SWITZERLAND, CONCERNING THE 
PRACTICAL WORKINGS OF THE "POPULAR INITIATIVE" IN 
SWITZERLAND. 




July 13, 1909. — Ordered to be printed. 



The Practical Workings of the ''Popular Initiative" in 

Switzerland. 

[Report to the Department of State, Washington, D. C, by Leo J. Fkankentpml, American vice-consul, 

Berne, Switzerland, May, 1908.J 

SYNOPSIS. 

Page. 

Introduction ,. 1 

Election and voting qualifications. 3 

Powers of Federal Assembly 5 

Synopsis of f ormB of referendum and initiative in Switzerland 9 

Statistical 10 

Historical development 11 

The federal initiative law 13 

Federal initiative measures 14 

Canton Berne initiative measures 18 

The question of constitutionality 21 

Proposed initiative for federal statutes 23 

Advantages and disadvantages 29 

Conclusion 31 

introduction. 

The experience of Switzerland, where the initiative is in use, is 
referred to by its supporters in the LTnited States as proving that 
success attends its introduction. It is the purpose of this report to 
show exactl}^ what the initiative has accomplished in Switzerland. 
It will also be necessary to treat of the referendum to some extent, 
for the reason that an initiative project, if supported by the necessary 
number of citizens, must be subsequently passed upon by the entire 
voting population before its acceptance or rejection can be deter- 
mined. While a referendum may be held without a preceding 
initiative, no initiative can be invoked without being followed by a 
referendum. In order adequately to permit of systematic treatment 
of the subject, the conditions unUer. which these institutions flourish 
must be considered. '"'. , 



THE INITIATIVE IN SWITZERLAND. 



5^^'^ 



Only a slight parallel can be drawn between Switzerland and the 
United States. The Swiss constitution was modeled to a certain 
extent upon American lines; there are political divisions that cor- 
respond roughly to the American States, and both countries are 
republics. Here, however, the resemblance ceases. The form of 
government is in many respects dissimilar, and the fundamental 
matter of constitutionality of Swiss laws has not reached its ultimate 
development. Switzerland contains 16,000 square miles and is one- 
half as large as the State of Maine. It is subdivided into 22 Cantons, 
3 of which are repartitioned into half Cantons, and the sevary in size 
from Graubiinden, with 2,765 square miles, to Zug!, with 22 square 
miles, and in population from Berne, with 620,205 inhabitants, to 
Unterwalden, with 13,360 inhabitants. Switzerland is not a rich 
country and its soil is not generous. Its boundaries can not extend, 
and it can not annex any new territory. Every square foot of 
available land is cultivated, and even the few whisps of grass on the 
steep slopes are gathered and carried to the valleys. The population 
is largely rural. There are only 18 cities and towns containing more 
than 10,000 inhabitants, and of these only 3 with over 100,000 — 
Zurich, Basel, and Geneva. The people are industrious. Taxes are 
high, wages are low. Their great industries are the growth of neces- 
sity; the manufacture from relatively low-priced imported raw 
materials of high-priced specialties for export — embroidery, silks, 
watches, machines. 

Switzerland has no coal or iron mines. The main railways (1,500 
miles), the telegraph and telephone systems are owned and operated 
by the Government, and the manufacture of powder, the sale of 
salt, and the production of alcohol are government monopolies. 
Switzerland has no coast line and no colonies. There is no organized 
corruption. What graft exists is upon such a small scale as to be 
virtually nil. Every man knows his neighbor's business. There 
are rich people, it is true, but no overpowering capitalistic oppres- 
sion. This is probably not so much on account of restrictive laws 
as by reason of the natural resources, or, more properly spealdng, lack 
of resources, of the country. From 3,000 to 5,000 out of a popula- 
tion of 3,525,256 emigrate yearly to better their condition. Most of 
them go to the United States. 

The upper house of Congress, called the Council of States, exer- 
cises none of the checks of the American Senate. It does not con- 
cur in appointments, which are made by the Federal Council alone, 
and it is virtually only a second House of Representatives, consist- 
ing of two members from each Canton. In the Cantons the great 
difference between the Swiss and the American S3^stems is that the 
Cantons possess an assembly of only one chamber, together with an 
executive council of several members, which acts as a unit similar to 
the Federal Council. There is no one-man power in Switzerland, 
as all executive power is placed in the hands of boards or commissions. 
These have the appointing power, and in the Federal Government the 
council appoints even the letter carriers and telegraph operators. 

The organization of Swiss citizenship is so fun(himentally different 
from tliat of the United States that it must be considered. Pri- 
marily, a Swiss is a citizen of the connnunity (Gemeinde) to which 
his family belongs, and he possesses' certain rights in this community 
of which he can not be deprivecj;,- interest in tlie profit of commune 
property, etc. It is no easy matter for a foreigner to become natural- 

n. OF D. 



THE INITIATIVE IN SWITZERLAND. 6 

izecl in Switzerland. Two years' residence is required, and some 
community must be ready to accept him upon the purchase of com- 
munity rights for a sum varying in proportion to the importance of 
the commune and the privileges it extends. The Federal Govern- 
ment must give its permission to his naturalization and the Canton is 
then authorized to admit him. In Switzerland the saying runs, ' ' Once 
a Swiss always a Swiss." The naturalization of a Swiss in a foreign 
country does not alter his civil status iii Switzerland. Only after he 
has renounced his allegiance to Switzerland in writing, and in accord- 
ance with certain forms, and his renunciation is accepted by his home 
community and by the cantonal council, is his name stricken from 
the rolls of citizens and his release an accomplished fact. Every 
Swiss is in possession of documentary evidence of his citizenship in 
the form of a certificate called a ''Heimatschein," and when he 
locates in a different town he is obliged to deposit his papers with the 
police in order to receive permission to live there. Thus the identity 
of every Swiss is easily established. Colonization for voting purposes, 
or repeating at elections, is a practical impossibility. 

Before each election the citizen receives by mail from the local 
authorities a card addressed to him personally, upon which is printed 
the place, time, and subject of the election in which he may partici- 
pate. He presents this card at the polls and is given a ballot for each 
of the matters upon which he may vote. The card is dropped into a 
box, and the ballots when counted must agree with the number of 
the cards. Districts are so small, the citizenship system is so perfect, 
that fraud is not possible. 

The Swiss are not an excitable people. Questions that caused 
marked divisions and aroused passion were settled long ago. 
Business never awaits the outcome of voting. There are no period- 
ical presidential elections or upheavals. Vituperation seldom occurs, 
and then only in local matters in elections where the personal equa- 
tion comes to the front. Here we find talk of the ''onslaught of the 
Socialists," the "force of capital," etc. The Socialistic party is, 
properly speaking, a labor party. Other political parties are the 
"Progressive Democrats," "Conservative Democrats," the "Liberal 
Democrats," and the "Catholic People's party." 

ELECTION AND VOTING QUALIFICATIONS. 

The privilege to vote commences in the Confederation when the 
citizen has passed the age of 20, and this age is also accepted by 
most of the cantons. In the cantons Schwyz and Underwalden a 
youth of 18 is permitted to vote, in Zug 19 years is the limit, while 
in Tessin a young man of 20 is eligible for election to the cantonal 
council, and in many of the cantons to the bench upon reaching the 
age of 25. Deprivation of civil rights by a decision of the courts 
or an administrative board, nonpayment of the military exemption 
tax, unpaid judgments, the institution of criminal proceedings if 
the citizen has been found guilty, etc., disqualify him from voting. 
There is no direct recall of representatives, but any of the above 
would have the effect of disqualifying him from being elected or 
continuing to hold office. Elections are frequent; the representa- 
tives are very close to the people and are elected by comparatively 
small constituencies. There is a complicated system providing for 
the removal or suspension of administrative officials for cause, but 



4 THE INITIATIVE IN SWITZERLAND. 

no official or employee may be ousted excepting by decision of a 
court. In some parts of the country a citizen is obliged to accept 
nomination and eventual election to a local office or as a judge, and 
only after he^ has served one term is he allowed to decline a second 
if he so desires. 

Judges of the lower courts are elected by the people. The 
supreme court of Switzerland is elected by the Federal Assembly, 
each member for a period of six years. Continuation in office is the 
rule rather than the exception throughout Smtzerland. Salaries, as 
well as wages, are very low. The members of the Federal Council 
receive $3,000 a year, and are not allowed to engage in any other 
business. The chiefs of departments, such as the commissioner of 
patents, etc., receive $1,600 per year, and other salaries are in pro- 
portion. The members of cantonal assemblies receive up to $3 for 
each day they attend the sessions, and the national representatives 
are paid $4. 

There are no restrictions to prohibit a representative from maldng 
contracts, either directly or indirectly, or through a firm in which he 
is interested, with the federal, cantonal, or local governments ; neither 
are they restricted in the number of offices which they may hold at 
the same time. I know Swiss congressmen who are also cantonal 
representatives and members of their local town council at the same 
time, besides being interested in firms that have contract mth either 
the local, cantonal, or federal authorities for the delivery of material, 
the erection of public buildings, etc. 

Voting is obligatory on cantonal matters in the Cantons Zurich, 
Schaffhausen, St. Gallen, Aargau, and Thurgau. These Cantons 
show average votes of from 70 to 80 per cent; but the obligatory 
measure is not rigorously enforced. Small ffiies are imposed upon 
people failing to vote unless an adequate excuse is made. This 
includes illness in the family, mourning for a relative, absence, birth 
in the, family, etc. St. Gallen goes further than its neighbors and 
excuses the parent and godparent from the duty of voting if their 
presence is necessary at a christening. Those who have ''official 
business" to attend to are also excused. In Thurgau forestry officials 
in service and clergymen who intend to preach on election day are not 
required to vote unless they desire. There is considerable objection 
in many parts of Switzerland to obligatory voting. It appears to be 
a question as to which is the more beneficial for the people as a whole — 
a comparatively small number of votes cast by persons who have con- 
scientiously considered a projected law or who vote according to party 
dictation, or a large number of votes, many of which represent hasty 
and perhaps ill-considered judgment by a multitude of voters who 
have no interest whatever in the measure, and who vote only because 
they are forced to. But the old adage of the horse and the water may 
be transposed for present purposes into this, You may force a voter 
to the polling place, but you can not prevent him from casting a blank 
or mutilated ballot. This refers, naturall}^, to referendum measures 
and not to the election of persons. Let us refer to the statistics of the 
Canton of Zurich, which is the most populous of those in which obliga- 
tory voting is in force. Of recent laws voted upon in this Canton in 
the last few years the following figures are taken at random: 1906, 
law concerning a change in certain communal boundaries, 10,744 
blank or mutilated ballots out of 59,538; law concerning the right of 



THE INITIATIVE IN SWITZERLAND. 5 

voting, number of inhabitants in electoral districts, etc., 11,380 blank 
or mutilated ballots out of 75,504; law concerning protection of game, 
5,374 blank or mutilated ballots out of 71,933. Some of the figures 
of former years are much higher. 

Elections are usually held on Sundays, and sometimes the polls are 
open Saturday nights for a couple of horn's. If the weather is good, 
large numbers of citizens with their families leave the towns for a 
day's exeursion; the young men are interested in sport, mountain 
climbing, and football, and this coupled with general indifference 
explains the small participation in elections. There is no question 
but what the Swiss in general are fatigued by the frequency with 
which they are called to vote. This amounts to several times a year, 
and in cantons where the obligatory referendum is enforced a prolific 
legislatiu"e will add to this number. 

The former dominant influence of families, with its attending nepot- 
ism, has left its mark upon legislation and we still find in many of the 
cantonal constitutions articles prohibiting the appointment or election 
of relatives to councils, boards, and commissions. The usual degree 
of relationship covered by these restrictions are father and son, father- 
in-law and son-in-law, step-father and step-son, brother and step- 
brother, brothers-in-law, uncle, and nephew. In fact, many modern 
legislative measures, the reason of which is perhaps not clear to one 
not familiar with Swiss history, are the outcome of some act of his- 
torical significance, or depend for their origin upon some ancient 
tradition. 

In the election of representatives, whether to the cantonal assem- 
blies or the national congress, the Swiss do not set their seal of ap- 
proval in advance upon certain measures advocated by the political 
parties through any tacit acceptance of party platforms. There are 
no longer great questions calling for important party divisions. 
While the political parties possess general platforms or programmes, as 
they are called, they cover matters of common interest — centraliza- 
tion or federalization, minority representation, methods of elections, 
administrative matters, etc. Neither does an adverse vote by the 
people upon a measure proposed by an assembly cause any change, 
for, after defeating a law which may have been accepted almost 
unanimously in the assembly, the people at the next election vote 
for and reelect the same representatives. There are no ministerial 
crises, and the councils do not resign if their suggestions are not 
accepted. Membership in the Swiss Federal Council is virtually a 
life position, although its members are elected every three years by 
congress. Mr. Zemp, the councilor representing the conservative 
Catholic element has just resigned, and while this party is in the 
minority, his successor is from the same canton. Lucerne, and a mem- 
ber of the same political party. 

POWERS OF THE FEDERAL AUTHORITIES. 

(Constitutional provisions.) 

I. Federal Assembly (Assemblee Federals; Bundesversammlung). 

Art. 71. With the reservation of the rights of the people and of the Cantons (Articles, 
89 and 121), the supreme authority of the confederation is exercised by the Federal 
Assembly, which consists of two sections or councils, to wit: 

(a) The National Council. 

(b) The Council of States. 

A. National Council {Conseil National; Nationalrath) . 



6 . THE IN^ITIATIVE IIST SWITZEELAND. 

Art. 72. The National Council is composed of representatives of the Swiss people, 
chosen in the ratio of one member for each 20,000 persons of the total population. 
Fractions of upward of 10,000 persons are reckoned as 20,000. 

Every Canton, and in the divided Cantons every half Canton, chooses at least one 
representative. 

Art. 73. The elections for the National Council are direct. They are held in fed- 
eral electoral districts, which in no case shall be formed out of parts of different 
Cantons. 

Art. 74. Every Swiss who has completed 20 years of age, and who in addition is not 
excluded from tlae rights of a voter by the legislation of the Canton in which he is 
domiciled, has the right to vote in elections and popular votes. 

Nevertheless, the confederation by law may establish uniform regulations for the 
exercise of such right. 

Art. 75. Every lay Swiss citizen who has the right to vote is eligible for member- 
ship in the National Council. 

Art. 76. The National Council is chosen for three years and entirely renewed at 
each general election. 

Art. 77. Kepresentatives to the Council of States, members of the Federal Council, 
and officials appointed by that council shall not at the same time be members of the 
National Council. 

Art. 78. The National Council chooses out of its own number, for each regular or 
extraordinary session, a president and a vice-president. 

A member who has held the office of president during a regular session is ineligible 
either as president or as vice-president at the next regular session. 

The same member may not be vice-president during two consecutive regular 
sessions. 

"^Tien the votes are equally divided the president has a casting vote; in elections 
he votes in the same manner as other members. 

Art. 79. The members of the National Council receive a compensation out of the 
federal treasury. 

B. Council of States (Conseil des Etats; St'dnderath) . 

Art. 80. The Council of States consists of 44 representatives of the cantons. Each 
canton appoints two representatives; in the divided cantons each half state chooses 
one. 

Art. 81. The members of the National Council and those of the Federal Council 
may not be representatives in the Council of States. 

• Art. 82. The Council of States chooses out of its own number for each regular or 
extraordinary session a president and a vice-president. 

Neither the president nor the vice-president can be chosen from among the repre- 
sentatives of the canton from which the president has been chosen for the regular 
session next preceding. 

Representatives of the same canton can not occupy the position of vice-president 
during two consecutive regular sessions. 

When the votes are equally divided the president has a casting vote; in elections he 
votes in the same manner as the other members. 

Art. S3. Representatives in the Council of States receive a compensation from the 
cantons. 

C. Powers oj the Federal Assembly. 

Art. 84. The National Council and the Council of States consider all the subjects 
which the present constitution places within the competence of the confederation 
and which are not assigned to any other federal authority. 

Art. 85. The subjects within the competence of the two councils are particularly 
the following: 

1. Laws on the organization of and election of federal authorities. 

2. Laws and ordinances on subjects which by the constitution are placed within 
the federal competence. 

3. The salary and compensation of members of the federal governing bodies and of 
the federal chancery; the creation of federal offices and the determination of salaries 
therefor. 

4. The election of the Federal Council, of the federal court, and of the chancellor, 
and also of the commander in chief of the federal army. 

The confederation may by law assign to the Federal Assembly other powers of elec- 
tion or confirmation. 

5. Alliances and treaties with foreign powers, and also the approval of treaties 
made by the cantons between themselves or with foreign powers; nevertheless the 



THE liSriTIATlVE IN SWITZERLAND. 7 

treaties made by the cantons shall be brought before the Federal Assembly only in 
case the Federal Council or another canton protests. 

6. Measures for external safety and also for the maintenance of the independence 
and neutrality of Switzerland; the declaration of war and the conclusion of peace. 

7. The guaranty of the constitution and of the territory of the cantons; intervention 
in consequence of such guaranty; measures for the internal safety of Switzerland, 
for the maintenance of peace and order; amnesty and pardon. 

8. Measures for the preservation of the constitution, for carrying out the guaranty 
of the cantonal constitutions, and for fulfilling federal obligations. 

9. The power of controlling the federal army. 

10. The determination of the annual budget, the audit of public accounts, and 
federal ordinances authorizing loans. 

11. The superintendence of federal administration and of federal courts. 

12. Protests against the decisions of the federal council upon administrative 
conflicts. (Art. 113.) 

13. Conflicts of jurisdiction between federal authorities. 

14. The amendment of the federal constitution. 

Art. 86. The two councils assemble annually in regular session upon a day to be 
fixed by the standing orders. 

They are convened in extra session by the Federal Council upon the request either 
of one-fourth of the members of the National Council, or of five cantons. 

Art. 87. In either council a quorum is a majority of the total number of its 
members. 

Art. 88. In the National Council and in the Council of States a majority of those 
voting is required. 

Art. 89. Federal laws, enactments, and resolutions shall be passed only by the 
agreement of the two councils. 

Federal laws shall be submitted for acceptance or rejection by the people, if the 
demand is made by 30,000 voters or by eight cantons. The same principle applies 
to federal resolutions which have a general application, and which are not of an 
urgent nature. 

Art. 90. The confederation shall by law establish the forms and intervals to be 
observed in popular votes. 

Art. 91. Members of either council vote without instructions. 

Art. 92. Each council takes action separately. But, in the case of the elections 
specified in article 85, section 4, of pardons, or of deciding a conflict of jurisdiction 
(art. 85, sec. 13), the two councils meet in joint session, under the direction of the 
President of the National Council, and a decision is made by the majority of the 
members of both councils present and voting. 

Art. 93. Measures may originate in either council, and may be introduced by any 
of their members. 

The Cantons may by correspondence exercise the same right. 

Art. 94. As a rule, the sittings of the councils are public . 

II. Federal Council (Conseil Federal; Bundesrath). 

Art. 95. The supreme direction and executive authority of the confederation is 
exercised by a Federal Council composed of seven members. 

Art. 96. The members of the Federal Council are chosen for three years by the 
councils in joint session from among all the Swiss citizens eligible to the National 
Council. But not more than one member of the Federal Council shall be chosen from 
the same Canton. 

The Federal Council is chosen anew after each election of the National Council. 

Vacancies which occur in the course of the three years are filled at the first ensuing 
session of the Federal Assembly, for the remainder of the term of office. 

Art. 97. The members of the Federal Council shall not, during their term of office, 
occupy any other office, either in the service of the confederation or in a Canton, or 
follow any other pursuit or exercise a profession. 

Art. 98. The Federal Council is presided over by the President of the confederation. 
There is a Vice-President. 

The President of the confederation and the Vice-President of the Federal Council 
are chosen for one year by the Federal Assembly from among the members of the 
council. 

The retiring President shall not be chosen as President or Vice-President for the 
year ensuing. 

The same member shall not hold the office of Vice-President during two consecutive 
years. 

Art. 99. The president of the confederation and the other members of the Federal 
Council receive an annual salary from the federal treasury. 



8 THE INITIATIVE IN SWITZERLAND. 

Art. 100. A quorum of the Federal Council consists of four members. 

Art. 101. The members of the Federal Council have the right to speak but not to 
vote in either house of the Federal Assembly, and also the right to make motions on 
the subject under consideration. 

Art. 102. The powers and the duties of the Federal Council, within the limits of 
this constitution, are particularly the following: 

1. It conducts federal affairs, conformably to the laws and resolutions of the con- 
federation. 

2. It takes care that the constitution, federal laws, and ordinances, and also the 
provisions of federal concordats, be observed; upon its own initiative or upon com- 
plaint, it takes measures necessary to cause these instruments to be observed, unless 
the consideration of redress be among the subjects which should be brought before 
the federal comt, according to article 113. 

3. It takes care that the guaranty of the cantonal constitutions be observed. 

4. It introduces bills or resolutions into the Federal Assembly, and gives its opinion 
upon the proposals submitted to it by the councils or the Cantons. 

5. It executes the laws and resolutions of the confederation and the judgments of 
the federal court, and also the compromises or decisions in arbitration upon dispute 
between Cantons. 

6. It makes those appointments which are not assigned to the Federal Assembly, 
federal court, or other authority. 

7. It examines the treaties made by Cantons with each other, or with foreign powers, 
and approves them, if proper. (Art. 85, sec. 5.) 

8. It watches over the external interests of the confederation, particularly the main- 
tenance of its international relations, and is, in general, intrusted with foreign relations. 

9. It watches over the external safety of Switzerland, over the maintenance of 
independence and neutrality. 

10. It watches over the internal safety of the confederation, over the maintenance 
of peace and order. 

11. In cases of urgency, and when the Federal Assembly is not in session, the Federal 
Council has power to raise the necessary troops and to employ them, with the reserva- 
tion that it shall immediately summon the councils if the number of troops exceeds 
2,000 men, or if they remain in arms more than three weeks. 

12. It administers the military establishment of the confederation, and all other 
branches of administration committed to the confederation. 

13. It examines such laws and ordinances of the Cantons as must be submitted for 
its approval; it exercises supervision over such departments of the cantonal adminis- 
ti'ation as are placed under its control. 

14. It administers the finances of the confederation, introduces the budget, and 
submits accounts of receipts and expenses. 

15. It supervises the conduct of all the officials and employees of the federal 
administration. 

16. It submits to the Federal Assembly at each regular session an account of its 
administration and a report of the condition of the confederation, internal as well as 
external, and calls attention to the measures which it deems desirable for the promo- 
tion of the general welfare. 

It also makes special reports when the Federal Assembly or either council requires it. 

Art. 103. The business of the Federal Council is distributed by departments among 
its members. This distribution has the purpose only of facilitating the examination 
and despatch of business; decisions emanate from the Federal Council as a single 
authority. 

Art. 104. The Federal Council and its departments have power to call in experts 
on special subjects. 

III. Federal Chancery (Chancellerie Feferale: Bundeskanzlei). 

Art. 105. A federal chancery, at the head of which is placed the chancellor of the 
confederation, conducts the secretary's business for the Federal Assembly and the 
Federal Council. 

The chancellor is chosen by the Federal Assembly for the term of three years, at 
the saiiie time as the Federal Council. 

The chancery is under the special supervision of the Federal Council. 

A federal law shall provide for the organization of the chancery. 

IV. Federal Court (Tribunal Federal: Bundesgericht). 

Art. 106. There shall be a federal court for the administration of justice in 
federal concerns. 
There shall be a jury for criminal cases. (Art. 112.) 



THE INITIATIVE IIST SWITZERLAND. 9 

Art. 107. The members and alternates of the federal court shall be chosen by the 
Federal Assembly, which shall take care that all three national languages are repre- 
sented therein. 

A law shall estabhsh the organization of the federal court and of its sections, the 
number of judges and alternates, their term of office, and their salary. 

Art. 108. Any Swiss citizen eligible to the National Council may be chosen to 
the federal court. . 

The members of the Federal Assembly and of the Federal Council, and officials 
appointed by those authorities, shall not at the same time belong to the federal court. 

The members of the federal court shall not, during their term of office, occupy any 
other office, either in the service of the confederation or in a canton, nor engage in 
any other pursuit, nor practice a profession. 

Art. 109. The federal court organizes its own chancery and appoints the officials 
thereof. 

Art. 110. The federal court has jurisdiction in civil suits: 

1. Between the confederation and the cantons. 

2. Between the confederation on one part and corporations or individuals on the 
other part, when such corporations or individuals are plaintiffs, and when the amount 
involved is of a degree of importance to be determined by federal legislation. 

3. Between cantons. 

4. Between cantons on one part and corporations or individuals on the other part, 
when one of the parties demands it, and the amount involved is of a degree of import- 
ance to be determined by federal leoislation. 

It further has jurisdiction in suits concerning the status of persons not subjects 
of any government (Heimathlosen), and the conflicts which arise between communes 
of different cantons respecting the right of local citizenship. (Droit de cite.) 

Art. 111. The federal court is bound to give judgment in other cases when both 
parties agree to abide by its decision, and when the amount involved is of a degree of 
importance to be determined by federal legislation. 

Art. 112. The federal court, assisted by a jury to decide upon questions of fact, 
has criminal jurisdiction in — 

1. Cases of high treason against the confederation, of rebellion or violence against 
federal authorities. 

2. Crimes and misdemeanors against the law of nations. 

3. Political crimes and misdemeanors which are the cause or result of disturbances 
which occasion armed federal intervention. 

4. Cases against officials appointed by a federal authority where such authority 
relegates them to the federal court. 

Art. 113. The federal court further has jurisdiction — 

1. Over conflicts of jurisdiction between federal authorities on one part and cantonal 
authorities on the other part. 

2. Disputes between Cantons when such disputes are upon questions of public law. 

3. Complaints of violation of the constitutional rights of citizens, and complaints of 
individuals for the violation of concordats or treaties. 

Conflicts of administrative jurisdiction are reserved, and are to be settled in a manner 
prescribed by federal legislation. 

In all the'forementioned cases the federal court shall apply the laws passed by the 
Federal Assembly and those resolutions of the assembly which have a general import . 
It shall in like manner conform to treaties which shall have been ratified by the 
Federal Assemblv. 

Art. 114. Besides the cases specified in articles 110, 112, and 113 the confederation 
may by law place other matters within the jurisdiction of the federal court; in par- 
ticular, it may give to that court powers intended to insure the uniform application 
of the laws provided for in article 64. 

SYNOPSIS FORMS OF REFERENDUM AND INITIATIVE PRACTICED IN 

SWITZERLAND. 

REFERENDUM. 

In the confederation. — Obligatorv referendum, covering constitu- 
tional amendments, whether originating in Congress or demanded 
through the initiative of 50,000 voters. 

Optional referendum, covering (1) laws and (2) decrees of a gen- 
eral nature not designated as urgent, upon demand of 30,000 voters. 

In the Cantons. — Obligatory referendum covering all cantonal laws 
(excepting financial measures up to a certain amount) in the fol- 



10 



THE INITIATIVE IN SAVITZEELAND. 



lowing Cantons: Zurich, Berne, Schwyz, Solothiirn, Rural-Basel, 
Graubiinden, Aargau, Thurgau, and Wallis. 

Optional referendum upon demand of a number of voters varying 
in number in the different Cantons in the following: Luzern, Zug, 
Basel-City, Schaffhausen, St. Gallen, Tessin, Vaud, Neuchatel, 
Geneva. 

The Landesgemeinde Cantons are: Uri, Obwalden, Nidwalden, 
Glarus, Appenzell interior, and Appenzell exterior. 

Obligatory referendum covering cantonal constitutional amend- 
ments is obligatory in all Cantons and is demanded by the federal 
constitution. 



INITIATIVE. 



In the confederation. — Covers constitutional amendments only. 
(50,000 signatures.) 

In tlie Cantons. — Covering cantonal constitutional amendments in 
all the Cantons. 

Covering the enactment, revocation, or amendment of cantonal 
laws and general decrees in all Cantons excepting Fribourg. 

Names of the Cantons in German and French are : 



German. 


French. 


Bern 


Berne. 

Lucerne. 

Bale. 

Orisons. 

Ticino (Italian). 

Vaud. 

Valais. 

Neuchatel. 

Geneve. 




Basel 


Tessin 


Waadt. 


Wallis 




Genf 





The other cantonal names are alike in both languages. 

Statistical, 1907. 



Cantons. 



Ziirich 

Bern 

lAizern 

Uri 

Schwyz 

Obwalden 

Unterwalden 

Glarus 

Zus 

Friboiu'g 

Solothurn 

■ Basel City 

Rural Basel 

Schaffhausen 

Appenzell, exterior 
Appenzell, interior 

St. Gallen 

Graulmndcn 

Aargau 

Thurgau 

Tessin 

Vaud 

Valais 

Neuchatel 

Geneva 

Total 



Area in 
square 
miles. 



665 
,660 
580 
415 
351 

295 

267 

92 

644 

303 



116 

162 

780 

2, 765 

.^42 

382 

1,095 

1,245 

2,026 

312 

109 



Popula- 
tion. 



476,020 

620, 205 

152,641 

21,043 

58, 170 

15,379 

13,360 

31,539 

26,225 

132,777 

109, 070 

129, 898 

72,092 

43,561 

,■^5,926 

13, 835 

262,418 

ION. 951 

213, 582 

n7,'.)IKS 

145,162 

303, 139 

ll,s,s:i(i 

134,100 

149,399 



Number of 
voters. 



105,637 

138, 862 

38, 069 

5,012 

13,777 

4,110 

3, 185 

8, 295 

6,610 

32,300 

25,997 

21,247 

15,029 

8, 968 

14,225 

3,172 

62, .572 

25,113 

4>s, 103 

28,305 

40,2.55 

70, 9.'^7 

29, N34 

31,S47 

26, 220 



Nimiber of signa- 
tures necessary 
for statutory 
initiative. 



5, 000 
12, 000 
4,000 

Landesgemeinde. 
2,000 

Landesgemeinde. 

Landesgemeinde. 

Landesgemeinde. 
800 
None. 
2,000 
1,000 
1,500 
1,000 

Landesgemeinde, 

Landesgemeinde, 
4, 000 
3,000 
5,000 
*2,,500 
5,000 
6, 000 
4,000 
3,000 
2,500 



15,973 3,525,256 



807,701 



THE INITIATIVE IN SWITZERLAND. 11 

Religion. — There are about 500,000 more Protestants than Roman 
Cathohcs in Switzerland. The Cantons in which CathoHcism pre- 
dominates are Liizern, Uri, Schwyz, Obwahlen, Unterwalden, Zug, 
Fribourg, Solothurn, interior Appenzell, St. Gahen, Tessin, and 
WalHs. In Geneva the rehgions are equally divided. The other 
Cantons are Protestant. 

HISTORICAL DEVELOPMENT. 

The modern referendum, as found in Switzerland, is distinguished 
from the ancient referendum by the fact that through its use the 
decision of individuals is given, whereas formerly only the districts 
and guilds as a whole were called upon to give their opinions to cer- 
tain questions. Even before the modern referendum found a fixed 
place in Switzerland it was used in Massachusetts as early as 1775. 
In France, in the year 1793, the constitution was accepted by a 
plebiscite when 1,801,918 voted in favor and 11,610 against it, but 
these votes were cast only in such parts of the country as were not 
in revolt, the opponents undoubtedly fearing to show their opposition. 

The first instance of the modern referendum in Switzerland 
occurred in 1802, and concerned one of the many constitutional 
projects of the Helvetic period. During four days all citizens over 
20 years of age were permitted to enter their decision with the secre- 
taries of the communes. Later in the individual cantons their con- 
stitutions were accepted by the referendum, the fu^st being Thurgau 
in 1831. Many of these cantonal constitutions at this time contained 
an article similar to that in earlj^ state constitutions in the United 
States to the effect that it must remain in force for a certain number 
of years, after wliich the question of revision must be dacided by the 
people, and that previous to the expiration of that time no revision 
could be made. In St. Gallen, where its duration was fixed for at 
least six years, the people were asked in 1837 whether they desired 
a revision, but none was demanded. At this time we find that the 
number of nonvoters was not considered, whereas previously they 
were counted as being in favor. 

Early in the thirties many of the cantonal representative assem- 
blies commenced to propose laws, which right was formerly exercised 
only by the cantonal councils or authorities in power. This is 
undoubtedly the first appearance of the form of initiative whereby 
an assembly suggests laws which has developed since that time into 
the present method of presentation of bills by individual members. 

The year 1848 commenced an era of utmost importance to Switzer- 
land, for now following the Sonderbund war, the modern Swiss con- 
stitution was accepted. Although the referendum had been in force 
in the Cantons for some years, the federal constitution of 1848 in 
being presented for popular vote marks the beginning of the referen- 
dum covering the entire confederation. It is interesting to note 
that in several Cantons the vote of individuals is not given; Fri- 
bourg's vote was given by its assembly, and the vote of Tessin was 
not considered because it stipulated its acceptance only with certain 
reservations. The number of individual votes in its favor, 145,584, 
against 54,320 represented, however, the majority of the Swiss 
citizens at that time as well as the majority of the Cantons. 

By the constitution of 1848 those Cantons which did not permit 
the use of the referendum with respect to their own constitutions were 



12 THE INITIATIVE I:N" SWITZEKLAND, 

obliged to introduce it, for the confederation guarantees the rights 
of the Cantons and the inviolability of their constitutions only if 
they have been accepted by the people. Thus the obligatory referen- 
dum was introduced into both the confederation and the Cantons, 
but as yet referred only to constitutions. At the same time the 
constitutional initiative was introduced which gave 50,000 citizens 
the right to demand ^ total revision of the federal constitution. 
The Cantons, too, were forced to permit its use, for not only does the 
federal constitution guarantee the cantonal constitution as above 
mentioned, but also requires that they may be revised upon demand 
of the majority of the citizens. The Cantons, however, do not hold 
to the maximum of a clear majority, but have set the number of 
signatures necessary at figures ranging from 6 to 12 per cent of the 
total voting strength. 

The referendum covering statutes first finds its place in several 
of the Cantons commencing with St. Gallen in 1831, which has been 
styled a concession to democracy by the adherents of a purely repre- 
sentative government. St. Gallen was followed by rural Basel in 
1832, by WalHs in 1839, and by Lucerne in 1841. The St. Gallen 
referendum was in the form of the old-time ''veto," whereby the 
number of nonvoters were counted as being in favor of a measure, 
and its defeat could only follow when a majority of the total voting 
strength (not votes cast) was opposed. In rural Basel miless two- 
thirds of the citizens had rejected a law within two weeks of its pub- 
lication it was considered as having been accepted. Here the oppo- 
nents were obliged to formulate the reasons for their rejection. 

In the constitution of the Canton of Vaud in 1845 the statutory 
initiative first appeared. Laws intended for acceptance by the 
cantonal assembly were permitted to be broached by 8,000 "active" 
citizens. Other Cantons followed. In 1861 the antiquated veto 
method in St. Gallen was somewhat facilitated. This change pro- 
vided that all laws would be considered as having been accepted 
unless at least 10,000 citizens voted upon the proposal within forty- 
five days. If, however, within twenty-one days 10,000 votes had 
been cast for its rejection, all the communes would be called upon 
to vote upon the measure, and a majority of the entire voting strength 
would decide. 

A new period commenced in 1863 and lasted until the acceptance 
of the revised federal constitution in 1874. In the first year rural 
Basel by a revised constitution provided that twice yearly an obliga- 
tory referendum was to be held covering general laws and treaties, 
and at the same time the statutory initiative was introduced. 
Thurgau, Zurich, Berne, Solothurn, and Lucerne followed in 1869 and 
Aargau in 1870 with the constitutional initiative for amendments; 
Berne with the obligatory referendum ; Lucerne with an obligatory 
referendum, provided 4,000 citizens called out the law; and the others 
provided in place of the obligatory referendum a more or less extended 
statutory initiative. These cantonal changes were preliminary to 
the revision of the federal constitution in 1872 and 1874. 

The projected constitution of 1872 contained the initiative for the 
amendment, revocation, or enactment of various laws and ordi- 
nances, but the entire project was defeated by popular vote. In 
the next projected constitution, that of 1874, neither the statutory 
initiative nor the constitutional initiative for partial revision fuids 



THE INITIATIVE IN SWITZERLAND. ' 13 

place. In the period between 1874 and the present time both refer- 
endum and initiative rights have been widely extended in the Can- 
tons. In all of them exists the rights of partial revision of their 
constitvition, as demanded by the constitution of the Confederation. 
With the exception of Fribourg the statutory initiative is found in 
all Cantons. The old form of the "veto" has given way to the sim- 
pler modern referendum, and since 1890 St. Gallen possesses an op- 
tional referendum which may be demanded by 4,000 citizens. Zu- 
rich has restricted the referendum by placing the regulation of salaries 
of officials in the hands of the executive council. Berne, since 1880, 
no longer asks the opinion of its citizens concerning the budget, as in 
1877 the usual four-yearly budget was not accepted by the people 
and the old ''financial plan" of previous years had to be used. This 
resulted in the effect mentioned. Direct taxes, however, may not 
be imposed without the consent of the people. It may be mentioned 
here that Berne has been trying for 3^ears to procure an equitable 
tax law, but the agricultural population being in the majority, and 
as tliis class of citizens pays virtually no income tax and only 50 
per cent of the usual taxes upon property for agricultural purposes, 
they hold the balance of power and will not give it up. Tax rates in 
Switzerland are very high. In Berne the rate is 6f per cent on all 
incomes above $120. There is also a tax upon real estate and a 
higher income tax than that mentioned upon annuities, dividends, 
interest, etc. 

The use of the initiative was fiirther extended in 1891 by the 
acceptance in the federal constitution of an article whereby a partial 
revision may be demanded by 50,000 voters or 8 Cantons. 

FEDERAL INITIATIVE LAW. 

In conformity with article 122 of the federal constitution and the 
recommendation of the Federal Council in its message of July 22, 
1891, the Swiss Federal Assembly enacts: 

Article 1. A revision of the federal constitution, as a whole or in part, can at any 
time be demanded by way of the initiative. 

Art. 2. If anyone desires to use this fi'anchise, an application signed by at least 
50,000 voters, who must be Swiss citizens, is to be addressed in writing to the Federal 
Council, who will submit the same to the Federal Assembly. This application must 
contain the subject of the initiative. 

Art. 3. Any citizen Avishing to make such application must sign it personally. 
Anyone signing another's name will be indicted for forgery and punished accordingly. 

Art. 4. Each list containing the signatures must name the Canton and the commu- 
nity of which the applicants are residents. To be valid, it must also specify: (1) The 
text of the initiative; (2) the text of article 3 of this law; (3) a certificate of the city 
authorities, properly dated, showing the applicants to be entitled to vote on federal 
laws and that they are qualified electors in their communities. No fee shall be 
collected for this certificate. 

Art. 5. Having received the revision demand, the Federal Council will canvass 
the signatures and determine the numbers entitled to vote. Debarred from voting 
will be: (1) Those whose signatures have not been certified to within the period of 
six months, dating retrogressively from the day on which the revision demand is 
received by the Federal Council; (2) the signatures contained in an invalid list (see 
article 4); (3) those signatures the registration of which is missing, incomplete, or 
incorrect. Any signatures shown to be in the same handwriting are classed as 
invalid and will not be counted. The Federal Council will issue reports in its official 
organ showing the result of the investigation, and will submit the same to the Federal 
Assembly at its first meeting, together with all other acts relating thereto. 

Art. 6. If a demand for revision, or an initiative requiring a total revision of the 
constitution is found valid, the question whether this revision shall take effect must 
be determined by the vote of the whole Swiss people. If the majority is in favor of 



14 THE INITIATIVE IN SWITZERLAND. 

revision, both the state council and the National Council must be reelected, and the 
new incoming councils must proceed to revise the constitution in toto. 

Art. 7. If the initiative demands the repeal, abolition, or change of certain articles 
of the constitution, and if the same is framed in the form of a general bill, both councils 
will have to decide within one year whether they agree with the demand or not. If 
they agree, they will provide for the necessary legislation in accordance with. article 
121 of the constitution. If they reject the demand, or can not come to a decision 
within the stated period, the Federal Council will then call a general election. If the ' 
majority of Swiss citizens vote in favor of the demand, the Federal Assembly shall, 
without delay, take the matter in hand and make the required revision, after which 
the revised articles will be again submitted to the vote of the whole Swiss electorate. 

Art. 8. If, on the other hand, the demand is in the form of an elaborated project, 
the two councils shall decide, within a period not exceeding one year, whether they 
agree with this project or not. 

Art. 9. If the two councils can not come to a unanimous conclusion regarding 
said project, it will be subjected to the vote of the people and the vote of the 
Cantons, as also is the case if the Federal Assembly concludes to agree to the 
project. 

Art. 10. If the Federal Assembly decides not to agree to the demand, the people 
will vote on the question. The Federal Assembly has a right, however, to recom- 
mend to the people the rejection of the project, or propose a new one prepared by 
the Assembly. 

Art. 11. In case the Federal Assembly proposes a special elaborated project, in 
opposition to the demand for revision, the people will have to vote on the two ques- 
tions, as follows: (1) Do you accept the project for revision demanded by the initia- 
tive? or (2) Do you accept the project of the Federal Assembly? 

Art. 12. The blank and invalid ballots are not counted in determining the result 
of the vote. Ballots which answer one question with "yes," and the other with "no," 
or both questions with "no," are valid. Ballots which answer both questions with 
"yes" are void. 

Art. 13. The project which is accepted by the majority of the voters and the 
majority of the Cantons will become a law. 

Art. 14. The records of the vote must contain the number of residents in the com- 
munity entitled to vote, the number of ballots, the number of invalid votes, and, 
finally, the number of yeas and nays for each of the questions. 

Art. 15. If, on the same article of the constitution, several demands for revision 
have been made, they must be voted on separately in accordance with the date of 
their filing. 

Art. 16. The prescriptions of the federal law on June 17, 1874, relative to federal 
election laws and regulations, must be followed. 

Art. 17. The federal law of December 5, 1867, relative to the constitutional revi- 
sion demand is hereby repealed, as well as the Federal Council's prescriptions dated 
May 2, 1879. 

Art. 18. The Federal Council shall publish this law and the date of its enactment 
in accordance with the prescriptions of the federal law of June 17, 1874, relative to 
federal election laws and decisions of the Federal Council. 

The Federal Council declares that the above federal law, published on the 10th of 
February, 1892, is a part of the Swiss federal laws, and will enter force on May 15, 1892. 

FEDERAL INITIATIVE MEASURES. 

Since the introduction of the constitutional initiative, in 1891, six 
measures have been presented for popular vote based upon the initia- 
tive of at least 50,000 voters, in accordance with articles 118 to 123 of 
the federal constitution. The initiative petition may be offered either 
in the form of a general request or in the form of a completed bill, and 
may provide for the entire or partial revision of the constitution. 
Such an amendment is declared in force when it has been adopted by 
both the majority of the Swiss citizens who take part in the vote and 
by a majority of the Cantons. The result of the popular vote in each 
Canton is considered to be the vote of that Canton. Of the six con- 
stitutional initiatives since 1891, five were defeated. They were as 
follows : 

First. During the first half of the nineteenth century there were 
about 9,000 Jews in Switzerland. The slaughtering of cattle accord- 



THE INITIATIVE IK SWITZEKLAXD. 15 

ing to the Jewish ritual was prohibited in the Canton Aargau, where 
many of the Jews resided, but in 1855 permission was given to the 
Jewish butchers to slaughter cattle for food by cutting the throat and 
bleeding. This permission, however, was not accorded butchers of 
other faiths, and as the number of Jews increased and spread from the 
two communities in the Canton Aargau, where they had originally 
resided, to the other towns, protest was raised against the difference in 
treatment between the Jewish and Christian butchers. This resulted 
in the prohibition of the ritual method of slaughter in that Canton in 
1890. A similar course of events occurred in the Canton of Berne. 
The Jews then appealed to the Federal Council, and this body, after 
convening an expert commission, held that the ritual manner of 
slaughtering was of a religious nature and could not be forbidden. 
The new federal constitutional initiative provision, which had not 
been used since its introduction, two years before, was now brought 
into play, and the Swiss Association for the Prevention of Cruelty to 
Animals commenced the work of securing the necessary signatures to 
an initiative providing for an amendment of the federal constitution 
in the following terms: 

Art. 25 bis. The killing of animals without stunning before the drawing of blood is 
forbidden for every method of slaughter and for every species of animals without 
exception. 

On October 17, 1892, 87,268 signatures had been obtained, of which 
4,109 proved to be invalid. Berne and Aargau together furnished 
47,882 signatures. The proposed amendment went before Congress in 
June, 1893. There was a lengthy discussion. The proposal was 
styled as one of sentiment and class hatred. Congress recommended 
its rejection by the peo])le. The press declared that the Swiss federal 
constitution could not be turned into a slaughterhouse ordinance. In 
some Cantons, viz, Geneva, Lucerne, Tessin, both Appenzells, Obwal- 
den, Unterwalden, and Glarus, no signatures whatever had been 
obtained. The popular vote showed a participation of 318,628 of a 
total voting strength of 668,913, representing 47.6 per cent. Of the 
votes cast, 191,527 were in favor and 127,101 were opposed. Ten 
Cantons and 3 half Cantons accepted the amendment and 9 Cantons 
and_3 half Cantons rejected it. In some Cantons the participation 
was very small, 21 and 23 per cent in Schwyz and Zug, 24 per cent in 
Tessin and Lucerne, while in Aargau, where the agitation was strong, 
82.2 per cent of the voters cast ballots. The amendment was there- 
fore accepted, and orthodox Jews in Switzerland now impoi't their 
"kosher" meat from Alsace. The plebiscite was held on August 20, 
1893. 

Second. In 1894 an initiative measure by which the c'onfederation 
was to guarantee adequate work of a suitable nature to every citizen 
was rejected by a vote of 308,289 against 75,880, a total of 384,169 
votes out of a voting strength of 680,731, representing 56.4 per cent. 
In no Canton was a majority for this initiative polled. The measure 
had been presented by the socialists, who had formulated a complete 
bill. Congress recommended its rejection. 

Third. The next initiatiA^^e proposed turning over to the Cantons 
the sum of 40 cents per capita, to be paid from the customs tariff 
receipts. It w^as declared at that time by its proponents that the 
Government had been wasteful and had established new ofhces for 



16 THE INITIATIVE IN SWITZERLAND. 

various purposes. Many considered that with the increased receipts of 
the Government increased and unnecessary expenditure would follow. 
It should be mentioned that the Federal Government has the right to 
demand financial aid from the Cantons in case of necessit3^,the amount 
being fixed by a per capita tax which varies in the Cantons according 
to their importance and resources. This power has never been put 
into effect. The adherents of the initiative believed that the reverse 
also should be permitted, and that in times of financial prosperity 
the Federal Government should turn over to the Cantons a certain 
surplus. Generally speaking, the Cantons were in financial difficulties 
at this time, and any added income would have been most acceptable. 
It is not cjuite clear whether the rates of taxation in the individual 
Cantons would have been reduced by this method. Federalists, the 
Catholic party, and the socialists were in favor of its passage, and the 
plebiscite was held after considerable agitation. From a total voting 
strength of 690,250, ballots to the number of 496,101 were cast, of 
which 350,639 opposed and 145,462 supported the measure. Twelve 
Cantons and 3 half Cantons rejected and 7 Cantons and 3 half Cantons 
accepted. The participation of voters, 71.9 per cent, is among the 
largest in the history of federal referenda. Other high percentages 
were brought out — upon the acceptance of the railroad purchase act, 
79.1 per cent; the customs tariff act of 1903, 72.6 percent; and the 
military organization law of 1907, 74 per cent. These last three were 
not initiative measures, but were called out by the optional refer- 
endum. This initiative project was styled the "Plundering law," 
which is as near to the term "Graft measure" as the German language 
can approach. This name still stands in a Swiss statistical publica- 
tion in parentheses after the correct title of the law, which was the 
''Tariff initiative," and the epithet undoubtedly aided in encom- 
passing its rejection. The Government and its private opponents 
appealed to the patriotism of the people to cause its defeat. 

Fourth and Fifth. Six years passed without any initiative being 
proposed until 1900 when the Social Democrats introduced a dual 
measure styled the "Double initiative." These two constitutional 
amendments were : 

(1) Proportional election of the National Council (House of Rep- 
resentatives), each canton to be counted as an electoral district. 
Two years previously a representative from Basel had introduced a 
similar bill, which, however, was never considered by the House. 

(2) The direct election of the Federal Executive council instead of 
by Congress, and the increase of their number from seven to nine, of 
which two must be from French Switzerland and one only from any 
one Canton. This latter measure had been the subject of a bill in 
Congress the previous winter and had been rejected. 

The opponents of direct election of the Federal Executive council 
believe that its introduction would furnish grounds for danger for 
the reason that while the cantonal executive councils are elected by 
popular vote the citizens can form a definite opinion of the value 
of a candidate in the limited confines of the Canton, whereas this 
would be practically impossible in the election of a board of seven 
members for the entire confederation. The Federal Council, too, 
is of vastly greater importance than the similar executive bodies in 
the Cantons. In the confederation the influences of party and press 



THE INITIATIVE IN SWITZERLAND. 17 

is to be feared. The United States was mentioned as a speaking 
example. 

The Social Democrats were supported b}^ the Catholic party and the 
Protestant conservatives. Congress recommended rejection of both 
projects, and this occurred on November 4, 1900, when 244,507 
against 169,018 defeated the first measure, and 270,502 against 
145,936 defeated the second measure. The total participation was 
413,588, or 55.3 per cent, for the first, and 416,438, or 55.7 per cent of 
the voting strength of 747,582, for the second measure. 

Sixth. The Swiss House of Representatives is elected in the propor- 
tion of one member for each 20,000 inhabitants. In 1903 an initia- 
tive demand was made by 57,379 voters to amend this constitutional 
provision by inserting the words " Swiss citizens " instead of "inhabit- 
ants." The acceptance of this amendment would have reduced the 
entire number of national representatives by 20, and the cities of 
Zurich, Basel, Geneva, and St. Gall would have lost in representation 
in a larger degree than the rural districts, since Zurich, Basel, and 
Geneva form almost entirely the population of the Cantons of the 
same names. At this time the population of Switzerland was 
3,315,453, of which number 383,424 were foreigners. The larger 
number of foreigners were in the following Cantons : 



Cantons. 


Total 
popula- 
tion. 


Foreign- 
ers. 




431.000 
112,000 
250,300 
132,600 
589,000 


70,000 


Basel City 


42, 781 


St. Gallen 


28,500 




52, 600 




24, 400 







It is said that the underlying motive of the proponents of this 
initiative was fear of foreigners. In most of the Cantons the cantonal 
assemblies are elected in proportion to the total number of inhabit- 
ants, while in several the number of voters forms the basis of repre- 
sentation, and in Zurich the local council is elected on the basis of 
Swiss population. Congress recommended rejection of the initiative, 
and it was defeated by 295,075 against 95,121 votes, a total of 390,196 
participants out of a voting strength of 767,542, or 50.8 per cent. 

Aside from these six initiative proposals for constitutional amend- 
ments there have been 30 amendments placed before the people 
under the obligatory referendum, covering constitutional revisions 
which originated in Congress, 15 of which were rejected. 

The Absintlie Initiative. — This will be voted upon on July 5, 1908, 
and will be the seventh popular initiative proposal for constitutional 
amendment. It had for its impetus a horrible family tragedy which 
occured in the Canton of Vaud. The sale of absinthe is at present 
prohibited in the two Cantons, Vaud and Geneva, both in the French 
part of Switzerland. In Vaud a cantonal initiative was invoked 
which demanded the revocation of this prohibitory legislation, but 
it was defeated in 1906 by 22,733 votes against 15,816 out of a total 
voting strength of 70,957. At the same time an appeal was made 
to the supreme court to revoke the law on the grounds of its infringe- 

S. Doc. 126, 61-1 2 



18 . THE INITIATIVE IN SWITZERLAND. 

ment upon the constitutionally guaranteed rights of the freedom of 
trade and industry, but the court declared it was incompetent to 
decide. 

An initiative has now been signed by 167,814 citizens calling for the 
prohibition of the manufacture, importation, or sale of absinthe in 
the entire confederation. Before placing this question before Con- 
gress the Federal Government obtained the opinions of all the Cantons 
as well as a detailed report from the federal alcohol monopoly admin- 
istration. The use of absinthe is not common throughout Switzer- 
land, but is confined to some of the French Cantons, two of which, as 
above mentioned, forbid its sale. It is the opinion of the council that 
this is a matter that should be decided by the individual Cantons, and 
it does not believe that the inhabitants of the Cantons where absinthe 
is not used should decide this question for their neighbors. The Fed- 
eral Council and many members of Congress have recommended the 
rejection of the initiative. Switzerland is not confronted with a gen- 
eral '^saloon problem," but this project is more or less based upon 
economics and is decidedly local in its application. Cafes, restau- 
rants, and beer gardens exist everywhere throughout Switzerland. 
There is no "local option," although its introduction has been advo- 
cated as a remedy for just such problems. It must be explained, 
however, that these establishments can by no means be compared 
with the ordinary American saloon. Not only are alcoholic drinks 
obtainable, but good food, coffee, and soft drinks are sold, newspapers 
and magazines are on file; they are patronized by men and their fami- 
lies and students congregate there. There are, of course, many small 
cafes that have a bad reputation which the average citizen would not 
think of entering, but the average cafe is looked upon as a sort of club 
and recreation place; business conferences are held there and officials 
up to the highest in the confederation frequent them. Since there 
are no congested districts, the saloon question as it exists in the United 
States is not present in Switzerland. It is interesting to note that the 
federal alcohol administration is not in favor of the absinthe initiative, 
which would ruin a flourishing industry in the Canton of Neuchatel, 
which manufactures mainly for export, neither does it believe that 
the cause of prohibition would be furthered. Those who are addicted 
to the intemperate use of absinthe would drink something else, such 
as cheap brandy, kirschwasser, vermuth, etc., while the opportunity 
for smuggling and lawbreaking would increase. 

CANTON BERNE INITIATIVE MEASURES. 

First. In April, 1852, a few years after the acceptance of the 
Bernese constitution in 1846, at a time of general turmoil and dis- 
turbance following the war of the Sonderbund and the acceptance 
of the federal constitution in 1848, the first initiative in canton 
Berne was launched. Its object was to recall the entire cantonal 
assemblv- The measure was defeated by 45,131 votes against 
58,422, ' (In 1869 the referendum law was accepted by 32,000 
against 22,000 votes out of an estimated voting strength of 102,000. 
The percentage voting was 57.7. This introducetl the obligatory 
referendum in the canton, and since that time every law passed by 
the assembly has to be placed before popular vote.) 



THE INITIATIVE IN SWITZERLAND. 19 

Second. A period of forty- three years passed before another initia- 
tive was invoked. Compulsory vaccination had been in force in 
the canton of Berne since the year 1849. Alarmed by the agitation 
of the antivaccinationists, 12,731 voters signed an initiative which 
demanded the abolition of the obligatory vaccination law. At the 
election following, on February 3, 1895, 27,468 voted in its favor 
and 24,600 agaitist it, of a total voting strength of 118,449, repre- 
senting a participation of 44.9 per cent. The initiative was there- 
fore accepted, and obligatory vaccination was abolished. 

The opinion of the cantonal assembly is shown by its message to 
the Bernese people a few weeks later, when it presented a law, which, 
although recognizing the abolition of obligator}^ vaccination, placed 
in the hands of the administrative board the authorit}^ for deter- 
mining its use in hospitals, poorhouses, educational establishments, 
prisons, etc. 

This proposal, however, did not meet with the approval of the 
people, and on May 5, 1895, it was rejected by the vote of 22,679 
against 16,683 polled by 35.6 per cent of the voting population. 
This is an interesting illustration of an attempted corrective measure 
by the assembly intended to overcome what it considered a mistake on 
the part of the people. It may be mentioned here that Switzerland, as 
a whole, possesses no compulsory vaccination law, but these Cantons 
have introduced it: Fribourg, Aargau, Solothurn, Tessin, Vaud, 
Neuchatel, Graubiinden, Schwyz, Unterwalden, Zug, Rural Basel, 
and Appenzell. 

Third. The next initiative in Berne followed in 1896 and covered 
three proposals for constitutional amendments. The supporters 
of these measures, numbering 16,950, who signed the petition, desired 
the following: 

(1) Election of the cantonal assembly according to the proportional 
system. 

(2) Election of the cantonal executive council (previouslj'' selected 
by the assembly) directly by the people, also by the proportional 
system. 

(3) Election of the two federal senators by the people instead of by 
the assembly. 

These three projects were presented for popular vote on May 3, 
1896, and were unaccompanied by any message or counter proposal 
by the assembly. All three were defeated. The voting was as follows : 
52.3 per cent of the voters of the canton cast ballots; the first measure 
was defeated by 32,118 against 29,093; the second by 32,787 against 
27,903; and the third by 32,192 against 28,197. 

Fourth. The subject of the fourth initiative, voted upon on Octo- 
ber 25, 1896, after an initiative petition had been signed by 15,886 
citizens, concerned the granting of subventions and premiums for 
the fm'therance of cattle and horse breeding. As Berne is an agri- 
cultural Canton there was but little opposition to this proposal. 
The project was accepted by 33,126 against 20,606, a participation 
of 47.5 per cent of the voting population, which now had increased 
to 120,754. 

Fifth, Not content with their defeat in 1896 of the proposal for 
the proportional election of the assembly, this measure was made 
the subject of a second attempt by its supporters in 1897, and was 



20 THE INITIATIVE IX SWITZERLAND. 

voted upon on July 11 of the same year. The assembly made no 
counter proposal and presented no message. Here proportional 
election was again defeated, this time by 31,139 votes against 10,326, 
a total participation of 41,465 votes of a voting strength of 121,228, 
or 33 per cent. 

Sixth. The next initiative occurred in 1900 after 24,921 signa- 
tures had been obtained. Salt is a monopoly of the Swiss Govern- 
ment, but it is left with the Cantons to determine the prices, manner 
of sale, etc. In some cases the revenue from this source is consider- 
able, where the price is high, while in other Cantons it is sold at a 
small profit or at cost. Up to the year 1892 salt in the Canton Berne 
had cost 2 cents a pound, but at the close of that year the price had 
been reduced by decree to 1^ cents a pound. At the time of this 
initiative the Canton Berne was in financial difficulties, and, previ- 
ous to the agitation for signatures, the assembly in 1900 had decreed 
that the price of salt was to be raised from 1^ cents a pound to 1.8 
cents, an increase of three-tenths cent a pound. The added receipts 
by this proposed advance were expected to reach $50,000 a year and 
the decree was to remain in force for three years. As Berne is an 
agricultural Canton, with the country population in the majority, 
and as in agricultural pursuits more salt is used in proportion than 
in the cities and towns, the* assembly believe its decree would pass with- 
out question if it considered the agricultural interests. Accordingly 
$20,000 of the expected increase in revenue from this source was to be 
paid into the benefit fimd for farmers who had sustained loss through 
the ravages of the dreaded foot and mouth disease of their cattle. 
The people evidently did not desire an advance of three-tenths cent 
a pound for their salt; hence the initiative in the form of a formu- 
lated project demanding that the price as fixed by the decree of the 
assembly be set aside and the former figures (1^ cents) be substi- 
tuted. On April 29, 1900, 44,566 votes were cast in favor of the 
initiative and 17,336 against it. The participation was 49.7 per cent 
of the' total voting strength of 125,693. 

Seventh. The next initiative occurred in 1903, when 12,940 voters 
presented a formulated law concerning the estabhshment of normal 
schools. The normal school in the town of Hofwil was too small to 
accommodate a sufficient number of prospective teachers. The 
assembly desired that this school should be retained, but that to pro- 
vide room for the lower classes the candidates should study two years 
there and then complete their education in the city of Berne, where 
every facihty was offered. There was more or less of a conffict between 
the rural and town inhabitants. The initiative demanded that two 
normal schools be established, at Hofwil and in another village, both 
located in the country, and that the decree of the assembly concerning 
the higher classes in Berne should be revoked. The initiative was 
defeated by 39,514 votes against 25,264, 51.3 per cent voting out of 
a voting strength of 127,233. 

Eighth. The next and last initiative was presented in 1906 and 
demanded the direct election of . the cantonal executive council (9 
members), instead of by the cantonal assembly. The former project 
for the election of the cantonal executive council that met defeat in 
1896 had demanded that the councilors should be elected by the pro- 

Eortional system. The 1906 initiative contained no such provision, 
ut desiretl to introduce the direct election by the people. It was 



THE INITIATIVE IN SWITZERLAND. 21 

accepted by 38,331 against 10,936, representing 37.6 per cent of the 
cantonal voting strength of 132,648. It must be considered that the 
history of Berne is strictly conservative, and that even now m the 
peasant and even bourgeoise classes a feeling of awe amounting 
almost to reverence is still felt for the ancient, formerly powerful fami- 
lies and their descendants, some now impoverished, who are styled 
'patricians," and who form a clique by themselves. The assembly 
would have required a two-thirds vote in order to pass such a consti- 
tional amendment, and this measure originated in that body. This 
may aid in explaining why Berne has been so tardy in fohowmg the 
other Cantons with such a generally accepted popular constitutional 

right. 

But at the election following the same councilors were reelected. 

CITY OF BEENE INITIATIVE MEASURES. 

There have been only two initiative petitions brought before the 
voters of the cit}^ of Berne. 

First. In 1897 a request was made to consider the revocation of the 
local provision which provides for the proportional election of the 
city council. The initiative had the support of the city authorities, 
who addressed a message to the citizens pointing out the disadvan- 
tages and fallacies of proportional elections. Of 9,731 voters m the 
city of Berne 4,767 cast a ballot, and the initiative was defeated by 
a vote of 2,724 against 1,980. Only 500 more votes were cast m its 
favor than the number of signatures to the petition. The social 
democrats and alhed smaller factions brought out a strongvote m 
opposition to the proposal, and the usual indifference was displayed 
by over half the voting population, who remained away from the 
polls. 

Second. The Sunday closing laws in Berne provide that the 
bakeries, delicatessen stores, cigar stores, etc., should be open only 
for a few hours on Sundays within certain time hmits. This law 
dates from 1907, but a few months afterwards an initiative petition 
signed bv 2,018 citizens demanded that the paragraph relating to 
the closing of the bakeries should be abolished. The city council 
in a message recommended rejection of the initiative for the reason 
that such a short time had elapsed since the people had expressed 
their acquiescence with the entire law the council did not hold it 
necessary to make a change so soon. The bakers asked for the 
right to keep open the same as the confectioners. The council, 
however, was of the opinion that, as the confectioners were m pos- 
session of a hcense which allowed them to sell wines and liquors 
and permitted them to remain open all day Sunday, there was no 
parallel between the two cases. The confectioners are not permitted 
to dehver goods on Sunday, but this provision is easily overcome 
by the householders, who send their servants to fetch the goods. 
Out of 14,179 registered voters only 4,349 voted on this measure, 
and the initiative was rejected by 2,266 against 2,025. Only 7 
more votes in its favor were polled than the number of signatures to 
the petition. 

THE QUESTION OF CONSTITUTIONALITY, 

The supreme court of the confederation is competent to pass upon 
the constitutionality of cantonal laws, but this competence does not 
extend to federal laws. Article 113 of the Swiss constitution, quoted 



22 THE INITIATIVE IX SWITZEELAND. 

ill this report, gives to the supreme court jurisdiction over complaints 
concerning violation of the constitutional rights of citizens, but it 
demands that the court apply without question all existing federal 
laws and treaties. Since the Federal Government embraces the can- 
tonal governments, and guarantees their inviolability provided their 
constitutions have been accepted by the Federal Assembly and by 
the people of the individual Cantons, the supreme court has been con- 
sidered competent to judge cantonal matters as above mentioned. 
Why, then, is this competency denied with regard to federal laws? 
According to the Swiss idea the people are sovereign, and they may 
call out for popular vote certain federal laws. When by the refer- 
endum a majority of the voters accepts any law it is taken to signify 
the will of the people. A majority of the people and of the Cantons 
may revise the constitution at any time. Hence, no court or judicial 
commission should be permitted to be placed in a position to decide 
upon questions already passed upon by the popular will. 

This gives rise to a peculiar condition of affairs. A citizen, 
believing that his rights have been infringed upon by a cantonal 
law, may force the supreme court to decide its constitutionality, 
whereas the same citizen believing his rights to be infringed upon 
by a federal law has no such privilege. The Swiss seem to fear that 
should this competency be placed in the hands of the supreme court 
that this body would be elected for political reasons, and on account 
of the low salaries and short terms might result in grave clanger to 
the confederation. On the other hand, it is claimed that federal 
laws already exist contrary to constitutional provisions, inasmuch 
as they infringe upon certain cantonal powers already determined 
by the constitution itself.' A federal law can not be set aside by 
any judicial proceeding, and the Federal Assembly is the sole judge 
of its own actions. Let us take, for instance, the so-called ''Plun- 
■ dering initiative," mentioned above. This demanded that the Fed- 
eral Government pay to the Cantons the sum of 40 cents per capita 
out of the customs receipts. If instead of 40 cents the amount 
had been $40, or $400, or $4,000, and the people had accepted it 
by the referendum, no judicial power would have been able to over- 
throw it, and the result would have been necessarily disastrous. 
Congress alone could have repealed the law, and as it was a con- 
stitutional amendment, the act providing for its revocation would 
also have had to be placed before the people. What if they rejected 
it? This is simply given as an instance of what might possibly occur. 

In the constitution of the Canton of Berne, article 111 provides 
that no laws niaj be passed not in conformit}^ with it. Different 
courts in different districts have placed different constructions upon 
cantonal measures and there is not necessarily uniformity in deciding 
whether a Canton Berne law is constitutional or not. In order to 
remedy this, the assemblj^ passed an amendment last 3^ear to the 
effect that all laws in the Canton must be applied by the cantonal 
courts without reference to their constitutionality. This would leave 
the ([uestion open for appeal to and decision by the federal supreme 
court. The people rejected this amendment. In connection with 
the vote cast upon this measure it is a significant fact that while 66 
per cent of the voting strength went to the polls, representing 92.000 
ballots, 20,000 voters out of this number ignored the amendment 
entirely. The reasons for this were that upon the same day the fed- 



THE INITIATIVE IIST SWITZERLAND. 23 

eral military organization law was voted upon by the entire country, 
and the interest was centered upon this act. It is said that the con- 
stitutional amendment was not clear to the Canton Berne voters in 
general, and they left it for the decision of those who were interested 
and who understood it. The federal military" organization law was 
one that affected every Swiss voter directly and brought out a heavy 
vote in the entire country. This is another illustration of the claim 
that the people vote on concrete matters well within their compre- 
hension when they are personally interested, whereas abstract ciues- 
fcions bring out but a small participation. 

THE PROPOSED INITIATIVE FOR FEDERAL STATUTES. 

The latest developments along the line of the popular initiative 
in Switzerland is the recenth^ projected introduction of the initia- 
tive for federal statutes, whereas now only initiatives concerning 
constitutional revision are in force. This proposal was first broached 
by the Cantons Zurich and Solothurn in 1904 in accordance with 
article 93 of the federal constitution, which reads : 

Measures may originate in either chamber and may be introduced by any of their 
members. Cantons may exercise the same right by correspondence. 

This has the same effect as if any State of the United States was 
permitted to introduce bills in Congress in the same manner as its 
Members. Consideration of a measure introduced in this manner is 
not mandatory, as it would be if it were signed by the necessary 
50,000 citizens. The Swiss Congress, however, referred the matter 
to the federal executive council for consideration and report, and its 
opinion, together with the suggestions of the various Cantons, forms 
the basis of the following notes: 

As the proposal originated with Zurich, let us first consider its rea- 
sons for its demand. 

Canton Zurich. — Both in the constitutional conventions of 1870 
and 1872 the introduction of the statutory initiative was considered, 
but the project of the Federal Executive Council contained mention 
of neither initiative nor referendum. In the 1872 project, which was 
rejected by the people, the statutory initiative was included and called 
for 50,000 signatures or the support of five Cantons. The project of 
1874, which was finally accepted by popular vote, contained no such 
article and provided only for an initiative to demand its total revi- 
sion. Not until 1891 was the partial revision of the constitution 
made the subject for popular initiative. Since that time motions 
have been made for the introduction of the Federal statutory initia- 
tive, but without success. At the time the 1874 constitution was 
accepted it was claimed that the Swiss people had had too little 
experience of this form of popular government and that its adoption 
might result in grave danger. We believe at the present time these 
fears have no further grounds for existence. The statutory initia- 
tive in the Cantons has been used moderately. A people is sovereign 
only when it can achieve its will without the permission of the 
authorities. The principle of popular rights demands that the 
initiative be placed side by side with the referendum. 

While the referendum never obtains a positive result, can reject, 
or at best acquiesce, the direct power to propose legislation through 
the initiative provides the people with a means of gaining legislative 



24 THE liS^ITIATIVE IIST SWITZEELAND. 

progress. Opinions may be heard by means of the initiative that are 
not represented in Congress. Life and movement alone keeps the 
body pohtic in a heakhy condition. The experience of the cantons 
shows us that excesses are not to be feared. Even should popular 
opinion defeat a law proposed b}" the statutory initiative much would 
have been won b}^ the political discussion that must necessarily clear 
the situation. We expect that the statutory initiative will bring 
good and positive results. It is the natural consequence and the 
necessary corollary of the constitutional initiative. As no restriction 
exists as to what measures materiall}'' may be termed as a constitu- 
tional act it is possible under the present conditions to force into the 
constitution laws or decrees which certainly do not belong there. 
The opportunity should be offered to the people of achieving its will 
in proper and correct form. That this is necessary is shown by the 
introduction into the constitution of the slaughter-house initiative. 
There is no other constitution that contains such a peculiar feature. 

In cantonal matters in Zurich the opinion of the people in judging 
initiative projects seldom differs from that of the cantonal assembly. 
The initiative of 1876, which demanded the right of bank-note issue 
to be granted solely to the cantonal bank of Zurich, which was 
accepted by the people, was subsequently annulled by the Federal 
Governmerit on the grounds of unconstitutionality. 

There is surely no reason to deny a people the statutory initiative 
when by the constitutional initiative it already has the power to 
substitute its present constitution b}^ another at any moment. 

Canton Solothurii. — This Canton agrees with Zurich in all par- 
ticulars. In tliirty-five years the initiative has been invoked in this 
Canton seven times. 

Canton Berne. — Berne has no desire to enter into this controversy, 
as it neither invoked the proposed change nor supported it. Now 
that it has been brought forward, however, it believes that the 
statutory initiative will find its way into the confederation. 

Canton Lucerne. — Lucerne is not of the opinion that, as the experi- 
ence of the Cantons shows, the project can prove of any great advan- 
tage, but it is the consistent development of the sphit of democracy. 
It appreciates the potential danger which this new power would 
bring with it, but does not doubt that the sound sense of the Swiss 
peoiDle will withstand proposals of a demagogic nature. 

Canton Scliwyz. — In Schwyz only one initiative measure has been 
proposed and it was defeated"! Schwyz is opposed to the introduction 
of the statutory initiative into the confederation for these reasons : 

By its use the constitutionally estabhshed legislative bodies would 
be sidetracked; in place of the house and senate would arise an 
anonymous, free, uncontrolled and uncontrollable alhance of one 
or more citizens, or even noncitizens, who may project a bill, perhaps 
in secret, and then secure the necessary number of signatures. Con- 
gress would have no choice but to accept such proposals as they 
stand or to suggest a counter proposal. The people would then be 
obhged to vote in favor or against the measure without further 
debate. The underlying purpose of the person or persons who drew 
it up, as well as their identity, could remain unknown. If the initia- 
tive was presented only in the form of a general project and not as a 
formulated bill the latter scruples would not exist, but the necessity 
for its introduction is not apparent. It is certain that the Swiss 



THE INITIATIVE IN SWITZERLAND. 25 

have never complained of a lack of laws, neither have they experi- 
enced that our legislative bodies have been remiss in failing to con- 
sider urgent requests and the desires of the people. If the constitu- 
tional extension of the popular rights be demanded we suggest the 
facilitation of the optional referendum or the introduction of the 
obligatory referendum in federal matters. 

Ohwalden (Landesgemeinde) . — In this Canton the initiative is seldom 
used. Since the expansion of the powers of the confederation has 
resulted in a corresponding diminution of the sovereignty of the Can- 
tons it is desirable and consistent that the rights of the people in the 
confederation should correspond to the rights granted them in the 
Cantons. It nuist be acknowledged, however, that the introduction 
of the statutory initiative in the field of federal legislation would be 
attended by certain dangers, but the sound sense of the Swiss people 
will oppose any misuses and sinister growths to which the new insti- 
tution may be subject. The question of the dual majority of both 
popular vote and Cantons should be considered. (A recent constitu- 
tional amendment to the cantonal constitution of Obwalden contained 
the following remarkable extension of the referendum. Not only 
laws but also administrative decrees of the Canton and of the com- 
munal authorities may be called out for popular vote after they haye 
entered force. The number of signatures required is 400. There is 
no time limit placed upon this option, and from the time the referen- 
dum is demanded until the time of popular vote the law in question 
must remain suspended. This would appear to be an impediment to 
all legislation. The clause referring to suspension was not accepted 
by the Federal Assembly when the revised constitution was placed 
before that body for its sanction.) 

TJnterwalden {Landesgemeinde) . — In this Carlton any one voter, as 
well as associations, boards, and guilds, may offer a project for legis- 
lation. Unterwalden considers that the Swiss are ready and worthy 
to assume the new popular responsibilities. The introduction of the 
statutory initiative should be subject to these conditions: (a) At 
least 30,000 voters should sign, (b) Congress should have power to 
offer counter proposals or amendments, (c) The dual majority of 
votes of both voters and the Cantons should be made a quahfication 
for the acceptance of any proposed law. 

Glarus (Landesgemeinde). — Glarus supports Zurich and Solothurn. 
The sovereignty of the people can be obtained in its fullest sense only 
through the possibility of direct participation in legislation. _ . 

Zug. — In twenty-nine years the initiative has been used once in 
this Canton and without success. Zug has no particular objection to 
the statutory initiative as an institution. It is questionable, how- 
ever, if the average political intelligence is sufficiently developed to 
grapple with projected legislation not only in the limited confines of 
the Cantons but in the broader field of the entire fatherland. The 
use of this new power would undoubtedly be paid for dearly at first, 
and many narrow measures not making for the welfare of the whole 
people would be brought forward." There is grave danger that its 
frequent use may result in fatigue and indifference. The number of 
signatures necessary should not be too small. 

Basel City. — Basel has no objection to its introduction, provided 
that in practice the constitutional competence of the 'confederation 
of the cantons is not injured. Up to the present time we have intro- 



26 TflE INITIATIVE IN SWITZEELAND. 

duced only the constitutional initiative in federal matters and the 
results have shown that purely statutory measures have been brought 
forward as constitutional amendments. What would be the pro- 
cedure if a proposed statutory initiative law were unconstitutional? 
From a judicial point of view it is certain that any unconstitutional 
project should not be considered. Who, then, is to take the respon- 
sibility of deciding upon this point if 50,000 or more voters have signed 
an initiative petition, when no article exists in our constitution 
intended to regulate such a contingency? These points are merely 
mentioned as worthy of consideration in defending the safety of the 
federal constitution. 

Rural Basel. — Since 1S63 rural Basel has passed upon seven initia- 
tive measures, all of which were rejected. The voters should have 
the opportunity of deciding whether this extension of popular rights 
should be introduced into the confederation. 

ScTiaffliausen. — Schaffhausen believes that if a citizen is permitted 
to vote in favor or against a legislative provision he should also be 
empowered to express his wishes for the formulation of laws. We 
believe that through the initiative favorable laws have come into 
force at least as C{uickly as if no initiative privilege had been in use. 
It seems logical that if the statutory initiative is allowed in the Can- 
tons it should also be permitted in the federation. This form of pop- 
ular initiative in the Cantons has been exercised by them without 
particular disadvantage. It seems desirable that the constitution 
of the confederation should be able to be relieved of such purely stat- 
utosy legislation as the slaughterhouse ordinance. 

Appenzell exterior {Landesgeneinde) . — Out of 26 initiative measures 
since 1876 11 were accepted and 15 rejected. Many of these have 
proved of benefit, others show a reactionary tendency. Exterior 
Appenzell makes no further remarks. 

A'lypenzell interior {Landesgemeinde). — Appenzell Interior is neu- 
tral. , It does not desire to oppose, neither is it enthusiastically in 
favor of the project. The statutory initiative in the Cantons is 
limited to local matters, and the districts are small, whereas the field 
of national politics is large. It appears that the constitutional initia- 
tive and the optional referendum are sufficient for the confederation 
as a whole. Should the statutory initiative be introduced obligatory 
voting should be required. 

^t. Gallen. — Since 1890 the initiative in this Canton has been invoked 
but once. This was in the year 1896 and covered provisions concern- 
ing the rate of interest on mortgages, etc. The cantonal assembly 
favored the plan and it was accepted by ]:»o])ular vote on June 28 of 
the same year. This law showed no favorable results and was revoked 
shortly after. The fact that the statutory initiative has worked 
badly here should not be taken as a standard for its eventual appli- 
cation in the confederation. 

Graubunden. — The necessity of the statutory initiatiA'^e in the con- 
federation does not seem to be apparent, although it is the logical 
extension of the i'dea of democracy. 

Aargau. — Aargau has had both good and batl experiences with the 
initiative, but gives no definite opinion as to its value for the con- 
federation. 

Tlmrgau. — =The initiative in Thurgau has been invoked five times 
since 1869, three of which were rejected. Thurgau believes that it is 



THE INITIATIVE IN SWITZERLAND. 27 

logical to introduce the statutory initiative since the constitutional 
initiative already exists. There does not, however, seem to be any 
apparent necessity for it. Through its eventual introduction the 
constitutional initiative would be less frecjuently used. The same 
effect as the statutory initiative can be obtained through the eft'orts 
of members of Congress, the presentation of bills by them, or by popu- 
lar petition. 

Tessin. — Tessin gives no definite opinion, but makes no objections. 

Vaud. — Vaud does not care to oppose the proposal, but assumes 
that the dual majority of both voters and Cantons would be considered. 

Wallis. — The question of constitutionality of measures is not clear 
to the government of Wallis, and the question is raised how any errors 
of the statutory initiative in this connection could be prevented or 
corrected. (The statutory initiative has been in force in the Canton 
of Wallis only for a few months.) 

Neuchatel. — Neuchatel has used the initiative but twice in twenty- 
six years. The proposed statutory initiative should be permitted to 
contain either a general proposal or a formulated bill, the revocation 
or amendment of existing laws or the enactment of new ones. The 
majority of both voters and Cantons should be required to insure 
acceptance of any projects which might be suggested. 

Geneva. — The present constitutional initiative is sufficient and 
the proposed statutory initiative does not show any particular prog- 
ress. We should hesitate to stir up the compromises and strife that 
preceded the acceptance of the constitution of 1874. (In Geneva the 
separation of the church and state was recently accomplished after 
an initiative had been invoked. At present signatures are being 
obtained to another initiative intended to revoke the accepted pro- 
visions of the first one. In the Canton of Neuchatel the separation 
of church and state was defeated. Geneva has a peculiar regu- 
lation concerning the initiative to the eft'ect that when two projects 
are presented for popular vote, one a popular initiative and the other 
a counter proposal of the cantonal assembly, but both relating to 
the same subject, the voter may not only reject both if he desires 
but he may also accept both. Should it happen that both the ini- 
tiative and counter proposal receive the same number of votes that 
of the assembly and not that of the people is the one that enters into 
force.) 

Fribourg. — In Fribourg only the constitutional initiative and the 
obligatory referendum concerning cantonal constitutional matters, 
as required by the federal constitution, are in force. There is no 
statutory initiative and no referendum for cantonal laws. Fribourg 
possesses no veto power whatever, either by the people or by the 
executive council. 

The proposed statutory initiative does not in reality signify any 
adchtional rights, as the people are now able to introduce all sorts of 
measures into the federal constitution. The Cantons are now repre- 
sented by two members in the Council of States (Senate), who par- 
ticipate in framing national legislation, and by its acceptance the 
Cantons would be superseded. It is therefore clear that several Can- 
tons have expressed the desire that, provided the statutoiy initiative 
is introduced, eventual laws proposed through its use should be 
accepted by a majority of both voters and Cantons. Another query 
is this: What is to happen if a project is not in conformity with the 



28 THE IISriTIATIVE IN SWITZEKLAND. 

federal constitution ? Zurich believes that in such a case the proposal 
should not be considered. But who is to decide this dehcate point? 
The Federal Assembly is not suited for this purpose, for the reason 
that its decisions would be opened to criticism on the grounds of 
prejudice. The advisabihty of introducing the American system, 
whereby the highest federal court is empowered to pass upon the 
question of the constitutionahty of a law, should be considered. 

The Federal Government. — The number of signatures necessary to 
cause a constitutional amendment to be considered is 50,000, repre- 
senting slightly more than 6 per cent of the total number of voters. 
This percentage is smaller than that of any of the Cantons for the 
introduction of statutory initiatives with the exception of Zurich 
and Basel city. The same number of signatures should be required 
for the statutory initiative in the confederation as is now demanded 
for the proposal of constitutional amendments. It is not intended 
that the statutory'' initiative should be invoked for the revocation of 
administrative acts, nor against treaties with foreign powers; the first 
would retard the progress of the administration and the second would 
render international relations impossible. 

Some competent instance must be fixed upon to determine the con- 
stitutionality of a proposed law or its eventual rejection on the grounds 
of confliction with existing treaties. The Federal Council believes 
that the Federal Assembly should be settled upon for this purpose. 

The statutory initiative should be able to be presented in either 
the form of a general request or as a completed bill. The people 
already possess the right of presenting formulated constitutional 
amendments, and it does not seem logical to deny this privilege cov- 
ering projected laws. Any errors in a formulated bill would be cor- 
rected in the assembly. 

Several Cantons desire the dual majority of both voters and Cantons 
(the vote of the Canton to be decided by the majority of votes cast 
within its boundaries) . The Federal Council does not beHeve that the 
council of States, composed of two members from each Canton, can be 
considered as representing the Cantons directly, as they vote without 
instructions. It would be a remarkable state of affairs if the inhabit- 
ants of 11 Cantons, representing but one-fifth of the total population, 
could unite in causing the defeat of a law which had been accepted by 
the other 11 Cantons, containing, however, four-fifths of the popula- 
tion. The danger that any cantonal power might be infringed upon 
through any statutory initiative would be removed by the power of 
Congress to reject unconstitutional measures. When the optional 
referendum calls out federal laws it is the majority of the voters that 
decides their acceptance or rejection without recourse to the individual 
votes of the Cantons. The dual majority has, therefore, not been 
considered. 

In the event of the acceptance of the statutory initiative the pro- 
cedure would be as follows: 

1. When the initiative is in the form of a general request — 

Congress first considers the (Question of the constitutionality of the 
proposed measure. If the project is one of general aj)plication, such 
as the enactment or amendment of a federal law or the amendment 
of a federal decree that is general in its application, and provided that 
Congress agrees with the proposal, a corresponding law or decree 
must then be enacted. This law or decree would then be subject to 



THE INITIATIVE IN SWITZERLAND. 29 

the optional referendum in the same manner as other federal laws 
that may be passed by Congress, not by means of the initiative. If, 
however, Congress does not favor the project, it must be placed before 
the people for their decision as to whether or not they desire a law 
corresponding in its general application to the initiative measure. 
If they decide in favor. Congress must then enact a corresponding law 
or decree, which would then be subject to the optional referendum, 
as above mentioned. If the referendum is not demanded, the law 
would enter into force ninety days after its passage, in a similar man- 
ner to other federal laws. 

2. If the initiative is in the form of a completed bill — 

If Congress favors the completed bill and it is passed by that 
assembly it is subject to the usual optional referendum. If Con- 
gress is not in favor an obligatory referendum must be held, and 
Congress may recommend the rejection of the proposed law or sub- 
mit a counter proposal. In all cases where a referendum is held the 
majority of the votes cast decides. 

Notes. — The introduction of the statutory initiative into the 
Federal Government would necessitate an amendment of the federal 
constitution, which can only be accepted in the event of a dual ma- 
jority of both Cantons and voters. Should a majority of the Can- 
tons fail to accept such an amendment, even though the popular vote 
may show a strong majority in its favor, the amendment would be 
lost. It will be noted from the opinions of the Cantons as above 
mentioned that many, particularly the small Cantons and those 
where the Roman Catholic religion is dominant, desire to couple its 
acceptance with the requirements of the frequently mentioned dual 
majority. The question of constitutionality of proposed laws is 
also made the subject of careful consideration by several of the power- 
ful Cantons. The suggestion of the Canton of Fribourg that the 
American system should be adopted is doubly interestmg for the 
reason that Fribourg itself is the only Swiss Canton retaining a purely 
representative form of government. 

Professor Hilty, the venerable observer of things Swiss and foreign, 
lecturer at the University of Bern on international law and Swiss 
federal and cantonal law, says in this regard : 

The question is, in fact, whether sufficient sound common sense is possessed by the 
Swiss people to preclude exaggeration and eccentricity in the application of this 
projected extension of the popular initiative. But this is the question of democracy 
in general. 

Congress has not yet considered the proposed statutory initiative 
which has been explained at length above,- but has returned the 
message to the Federal Council for further consideration. It will be 
some time before the question of its introduction will be placed 
before the people. 

advaSitages and disadvantages. 

TJie referendum. — While in the Cantons the referendum applies to 
all laws and decrees (with the exception of financial measures under a 
certain amount), in the Federal Government matters subject to the 
referendum are (1) laws, and (2) decrees and resolutions of a general 
character not of an urgent nature, that may be called out by 30,000 



30 THE INITIATIVE IN SWITZEELAND. 

voters. Treaties, the budget and financial measures are not subject 
to the federal referendum. Even the leaders of the socialistic party 
in Switzerland are opposed to the inclusion of financial measures in 
those subject to the referendum. How, then, is the line to be drawn 
between the different forms of legislation — those that may or may not 
be called out for popular vote? A federal law can not be withheld; 
a federal decree or resolution of a general nature, styled urgent, may, 
however, be withheld; a federal decree not determined hj Congress 
as being general in its application is not subject to the optional refer- 
endum. No law regulates this distinction, although its necessity has 
been acknowledged. Congress itself is the sole judge of the designa- 
tion of the category into which a measure is to be placed. 

The question frequently arises in congress whether or not the 
so-called ''referendum clause" should be attached to a measure, 
and whether it should be designated as a law (Gesetz) or a decree 
(Beschluss). The case has arisen that a purely administrative 
measure was styled a decree in its title and referred to as a law in 
its text. 

It has been claimed by several writers that the referendum in 
Switzerland breaks party lines. It is difficult to support this state- 
ment. The fact that a measure is called out by 30,000 voters shows 
a certain opposition to it, and a regular campaign follows, speeches 
are made for and against the projected law, the press is brought 
into play, and the greater part of those who vote do so on party 
lines. Many business men make it a principle never to sign a refer- 
endum or initiative petition for fear of offending customers. I have 
heard intelligent citizens say: "No; I did not vote yesterday. The 
measures did not interest me. We have placed in our assembly 
representatives who have been in public life so long that I believe 
they are able better to judge our necessities than we are ourselves, 
since we need all our time for business." 

The referendum necessarily keeps legislation popular and at the 
same time places all the responsibility upon the people. Doubt is 
dispersed. When the people have decided, quiet reigns, and there 
can be no claims that force was used. But this can be true only in a 
country where existing conditions reduce to a minimum the possi- 
bility of corruption, repeating, ballot-box stuffing, the purchase of 
votes and its attending moral degradation. 

The initiative. — The initiative has been called the natural corollary 
of the referendum. Technically this is not correct ; there is no other 
veto power in Switzerland except the referendum, whereas the right 
to propose legislation may be exercised by Congress and the cantonal 
assemblies as well as by ordinary petition. The Swiss referendum 
has no substitute; it is sole; while the initiative is, at its best, an 
auxiliary power. 

Political leaders favor it. With a good organization a measure 
can not be accepted that the majority party does not desire. The 
leaders of the minority parties favor it because.it gives them oppor- 
tunity to force an assembly to consider any project to which they can 
secure the requisite number of signatures. The initiative in Switzer- 
land has been compared to a safety A^alve. It should be used only in 
cases of dire necessity. Brought into pla};^ too often results in a 
waste of energy, to the detriment of the powers of the political engine. 



THE INITIATIVE IN SWITZERLAND. 31 



CONCLUSION. 



The most important and far-reaching Swiss laws have been placed 
upon the statute books by proposals originating in Congress and not 
by means of the initiative, which has existed in the Federal Govern- 
ment only since 1891. The great questions of centralization, civil 
status, laws of marriage and divorce, bankruptcy laws, the customs 
tariffs, the railroad purchase, employers' habihty, factory laws, 
unity of the conflicting cantonal civil and criminal laws into a federal 
code, the military organization, the pure-food law,. etc., all of which 
are things of the past, were congressional measures. 

It may safely be said that the initiative can be of decided and 
positive value only in districts small enough to enable the average 
citizen to form a conscientious opinion upon projects of such local 
significance as to be well within his practical knowledge, but, in ad- 
dition, he must exercise his duty as he sees it at the polls. _ With a I 
comparatively small number of signatures requisite for an initiative 
measure, its danger lies in the fact that it may easily be prostituted 
by factions, chques, malcontents, and demagogues to force upon 
the people projects of partisan, freak, or unnecessary legislation. _j 
It is curious that in Switzerland figures and not percentages are 
used to determine the signatures necessary for initiative proposals, 
with the natural result that an increase in the population results in a 
corresponding decrease in the proportion recjuired. At the time of 
the acceptance of the federal constitution in 1874 there were approxi- 
mately 600,000 voters, and 50,000 of these could demand total 
revision at any time. The present voting strength is 807,000, but 
the number of requisite signatures has not been increased. The per- 
centage has thus decreased from 8.5 in 1874 to 6.19 in 1908. _ 

In the Landesgemeinde Cantons dissatisfaction has been displayed 
in some quarters of late and the claim has been made that those in 
power have been overriding the popular expressions of opinion in the 
*' open-air" meetings. Some go so far as to say that the counting of 
hands has been misrepresented. The advisability of introducing the 
ballot box and written ballot has been raised as these conferences are 
becoming unwieldy with the increase in population. Under the stress 
of excitement and swayed by the arguments of a dominant leader 
many, it is claimed, raise their hands for or against a measure when 
careful consideration and a written secret ballot would, perhaps, cause 
a difference of opinion. The territory covered by the Landesgemeinde 
Cantons is so small that, while they possess the same rights and privi- 
leges of their larger neighbors, their affairs may be compared with 
those of a township and their yearly conference to the New England 
^'town meeting." 

The last Cantons to introduce statutory initiative were Lucerne 
in 1906 and Wallis in 1907. The indifference heretofore mentioned 
is again illustrated by the example of Lucerne, where the acceptance 
of the constitutional amendment that stipulated this extension of 
popular rights was voted upon by only 3,516 voters out of a total 
voting strength of 36,177. General opinion conceded in its accept- 
ance and for that reason an active participation was not deemed 
necessary. It has been said of the Swiss that they demand all the 
rights but shirk many of the duties of citizenship. The frequency 



32 THE INITIATIVE IN SWITZERLAND. 

of the plebiscites and the number of more or less unimportant 
measures in the Cantons in which the voters are not directly interested 
may furnish some ground for excuse. 

Generally speaking, as far as Switzerland is concerned, the exten- 
sion of popular rights, usually presented with considerable ostentation, 
[arises less from a sense of necessity felt by the people than from 
purely tactful considerations of the political leaders who themselves 
give impetus to the movement. The Swiss have little to fear from 
^heir legislators. They are a body of intelligent, fearless, and upright 
men, supported by people possessing the right to overthrow, yet who 
weigh well the sound counsel of those whom they have trusted so 
long. Deprive the Swiss of their popular rights and their welfare 
would be safeguarded in the same high degree as heretofore. 

The referendum exists in Switzerland because it is the sole veto 
power and is the fruit of the historical growth of centuries. 

If the initiative in Switzerland has not accomplished any important 
measure of positive good that could not have been secured through the 
usual legislative channels, it certainly has done no particular harm. 
The advantage to be gained by its introduction into another country 
entirely dissimilar furnishes a questionable theme, and it remains to 
consider that, perhaps, an ounce of American primary and representa- 
tive prevention is worth a pound of Swiss initiative cure. 

o 



LB My '03 ^--^ 



